Unless you’re driving an antique car or truck like a 1930s Ford, seatbelts are standard on all modern vehicles. Both lap and chest belts are designed to help prevent injuries if you’re involved in a car accident.
While seatbelts can occasionally cause injuries like contusions they’re also effective at preventing more serious ones. Recovering compensation for injuries caused by seatbelts is possible.
However, what about filing an insurance claim for damages if you’re not wearing your seatbelt? Can you still file a personal injury claim if you forgot to buckle up?
Seatbelt Laws in Pennsylvania
Seatbelt laws are typically decided by the state. The federal government recommends all motor vehicle drivers and passengers wear seatbelts but it’s not a national law.
Like most states Pennsylvania does require all motorists and their passengers to wear safety belts while in a vehicle. The state law applies to anyone in a motor vehicle age 18 and older.
If you’re wondering about seatbelt laws for drivers and passengers under the age of 18, these vary. All drivers and passengers must wear their seat belts regardless of their age. Yes, the state law mentions 18-year-olds, but it also covers younger drivers as well.
You can receive your driver’s license in Pennsylvania and most other states at 16, as long as you pass a course and two-part exam. To receive a driver’s license, you must pass both a written and driving test.
So, pretty much everyone must wear a seatbelt in a motor vehicle in Pennsylvania. Infants and toddlers,4 and under, must be restrained in a car seat. Children between the ages of 4 and 8 must be in an approved booster seat. Whether it’s a car or booster seat, both must be connected to the vehicle’s seatbelt system.
If you’re not sure how to properly buckle in a car or booster seat, your local fire or police department can walk you through the steps. Yes, this is one of the many services first responders provide to residents in the communities they serve.
If a law enforcement officer notices a driver or passenger isn’t wearing their seatbelt, it can result in a citation. You can receive the citation if you’re pulled over for another traffic violation like speeding or if an officer simply notices not everyone is following state law and buckling up.
Not wearing a seatbelt is a minor misdemeanor and only comes with a fine, and this applies whether it’s your first or twentieth offense. The monetary penalty remains the same. However, not wearing a seatbelt can impact your personal injury claim if you’re involved in an accident.
Comparative Negligence and Personal Injury Claims
Pennsylvania, like a few other states, follows comparative negligence laws, which means more than one party can be liable for an accident. An example is if one driver runs a red light while you’re making an illegal turn. If a crash occurs, both you and the other driver may be liable for the accident.
Just because you’re partially liable for an accident doesn’t necessarily mean you can’t file a personal injury claim. However, your potential settlement amount will be reduced by your percentage of the blame. So, if you’re 30% liable for the accident and your insurance settlement is for $100,000, you receive $70,000.
So how does not wearing a seatbelt impact your personal injury claim? While comparative negligence doesn’t apply. Your failure to wear a seat belt isn’t the cause of the accident, the insurance company can use it to reduce the value of your claim.
Not Wearing a Seatbelt Can Reduce the Value of Your Injury Claim
You’re probably going to receive a ticket for not wearing a seatbelt, even if you’re not at the at-fault party. While a failure to wear a seatbelt ticket is a misdemeanor and fines are relatively minimal, usually less than $50, it can still impact a personal injury claim.
The at-fault party’s insurance company can point to your lack of wearing a safety restraint as contributing to the severity of your injuries. The insurance adjuster may even go as far as claiming your injuries wouldn’t have occurred if you were wearing your seatbelt.
Unfortunately, the insurance adjuster is probably right; seatbelts can save lives and reduce injury severity in vehicle accidents, which is the primary reason seatbelt laws are on the books in Pennsylvania.
When it comes to your personal injury claim, the insurance company may be able to successfully argue that your lack of wearing a seatbelt is the primary cause of your injuries. This means you may not be able to receive compensation for all of your damages.
To learn more about how seatbelt laws can affect a personal injury case, it’s best to consult with an experienced accident attorney.
Photo by Luke Miller:
